Anandita Saha v. Palak Kumar Saha

18.01.2021 Item No.5 AP/ss CO 96 of 2019 Smt. Anandita Saha -Vs.- Sri Palak Kumar Saha (Through Video Conference) M/s Arijit Ghosh and Sarnali Ghosh (Sengupta), Advocates ... For the petitioner present in Court.

In a petition filed by this Court seeking transfer of Matrimonial Suit No.54 of 2019 from the Court of Additional District Judge, Sreerampur, District Hooghly to the Court of Additional District Judge, Alipurduar, the matter was referred to a Mediator as the parties to the dispute are husband and wife. As per the report of the Member Secretary, District Legal Services Authority, Jalpaiguri dated 18.03.2020 the matter in dispute between the parties was resolved. Memorandum of agreement was signed. Copy thereof has been annexed with the communication. In terms of the agreement both the parties decided to live together in their matrimonial home along with their minor daughter. The wife agreed to withdraw all the criminal cases filed against her husband and his family members.

In view of the aforesaid settlement arrived at between the parties nothing survive to be adjudicated in the present petition seeking transfer of

CO 96 of 2019 matrimonial suit filed by the husband for restitution of conjugal rites.

The same is accordingly disposed of as infructuous.

In case any issue still survives or any of the party is not adhering to the terms agreed upon before the Mediator, they shall be at liberty to move appropriate application before the Court in the present petition.

Endeavour made by the Mediator to unite the family along with a minor child in a matrimonial dispute, needs to be appreciated.

(Rajesh Bindal, J.)